I.N. SMOLENSKY, 

Judge of the Arbitration Court of the Volga Region 

The difficulty of verifying the authenticity of the contents of electronic documents is the most important problem among problems of organizing «electronic justice», – how to identify the person who directly sent the document through the use of electronic resources? The author considers the problem of identifying a person in electronic justice, paying attention to the imperfection of the existing rules in the Russian regulation of this issue. However, since January 2017 there is new procedure for filing documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document, the Order is approved by the act of the Judicial Department under the Supreme Court of the Russian Federation of 28 December 2016 No. 252, it involves the use of electronic digital signature of documents. The author gives the concept and types of existing electronic digital signatures, the procedure for filing a document in court in the form of an electronic document, gives examples of judicial practice. In the author’s opinion, the electronic form of written evidence may replace or supplement traditional forms of information, but it is important that changing the external form of written evidence should not change its essence, the document in electronic form is also a way of recording information and it is an appropriate source of evidence. 

Keywords: identification; arbitration procedure; e-justice; electronic document; electronic and digital means. 

Information about the author 

Smolensky I.N. (Kazan, Russia) – Judge of the Arbitration Court of the Volga Region (420066, Kazan, Krasnoselskaya St., 20; e-mail: [email protected]). 

Recommended citation 

Smolensky I.N. Identifikatsiya litsa (sub’ekta arbitrazhnogo protsessa) v elektronnom pravosudii [Identification of the Person (Subject of Arbitration Procedure) in E-Justice]. Вестник гражданского процесса = Herald of Civil Procedure, 2018, no. 1, p. 248–255. (In Russian) DOI: 10.24031/2226-0781-2018-8-1-248-255